What constitutes the crime of stealing, spying, bribing, or illegally providing military secrets for overseas purposes?
The object of the crime of stealing, spying, bribing, or illegally providing military secrets for overseas purposes is the state. The objective aspects of the crime of stealing, spying, bribing, or illegally providing military secrets for overseas institutions, organizations, or individuals 1. This crime must objectively involve stealing, spying, bribing, or illegally providing state secrets or intelligence for overseas institutions, organizations, or individuals. Behavior. (1) It must be to steal, spy on, bribe, or illegally provide state secrets or intelligence for overseas institutions, organizations, or individuals. There is no limit to the nature of overseas institutions, organizations, and individuals. That is, whether overseas institutions, organizations, and individuals are enemies of our country does not affect the establishment of this crime. If the person does not steal, spy on, bribe, or illegally provide state secrets or intelligence for overseas institutions, organizations, or individuals, he will not be guilty of this crime. However, if state secrets or intelligence are stolen, spied on, or purchased for domestic institutions, organizations, or individuals, and then illegally provided directly or indirectly to overseas institutions, organizations, or individuals, the crime of illegally providing state secrets or intelligence overseas is still established. (2) There are four ways of behavior: theft refers to obtaining state secrets or intelligence by stealing documents or using computers, electromagnetic waves, cameras, etc.; espionage refers to using snooping or certain reconnaissance techniques to obtain state secrets or intelligence. ;There seems to be no important difference between stealing and spying. Bribery refers to the use of money, material or other benefits in exchange for state secrets or intelligence; illegal provision refers to directly or indirectly making state secrets or intelligence known to overseas institutions, organizations or individuals in violation of legal provisions, or sharing state secrets or intelligence through the Internet. If it is illegally sent to overseas institutions, organizations, or individuals, it is illegally provided. (3) The object of the act is state secrets or intelligence. State secrets refer to matters related to national security and interests that are legally determined to be known only to persons within a certain range within a certain period of time. The specific contents are: A. Secret matters in major decision-making on national affairs; B. National defense construction and armed forces Secret matters in force activities; C. Secret matters in diplomacy and foreign affairs activities, and matters subject to confidentiality obligations to the outside world; D. Secret matters in national economic and social development; E. Secret matters in science and technology; F. Maintenance Secret matters in national security activities and the investigation of criminal crimes; G. Other state secret matters that should be kept as determined by the national confidentiality department. State secrets are divided into three levels: top secret, secret and confidential. State secrets of any level may become the object of this crime. According to the Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Stealing, Spying, Bribing, and Illegally Providing State Secrets and Intelligence for Abroad" on November 20, 2000, the "intelligence" here refers to matters related to national security and interests. , matters that have not been made public or should not be made public in accordance with relevant regulations. The subject aspect of the crime of stealing, spying, bribing, or illegally providing military secrets for overseas purposes is the general subject, including Chinese citizens, foreign citizens, and stateless persons; The subjective aspect of the crime of stealing, spying, bribing, or illegally providing military secrets for overseas purposes The subjective aspect is intentionality, that is, knowingly knowing that it is state secrets or intelligence and deliberately stealing, spying, bribing or illegally providing it to overseas institutions, organizations, or individuals. According to the above-mentioned judicial interpretation, "the perpetrator knows or should know that matters not marked with a classification level are related to national security and interests" and steals, spies, bribes, or illegally provides information for overseas purposes, he will be punished with this crime.